Mohamed Rafi Vs Thahasildar, Perinthalmanna Taluk, Malappuram District 679322

High Court Of Kerala 2 Feb 2023 Writ Petition (C) No. 2972 Of 2023 (2023) 02 KL CK 0022
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (C) No. 2972 Of 2023

Hon'ble Bench

Anu Sivaraman, J

Advocates

P.M.Ziraj, Irfan Ziraj, Parvathy.K

Final Decision

Dismissed

Judgement Text

Translate:

Anu Sivaraman, J

1. This writ petition is filed seeking the following prayers:

“A. Issue a writ of mandamus or other appropriate writ, order or direction to the first respondent to report the seizure regarding the vehicle of petitioner bearing registration No.KL-53-N- 2631 before the second respondent to enable the petitioner to compound the offence alleged against him within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.

B. Issue a writ of mandamus or other appropriate writ, order or direction to the second respondent to permit the petitioner to compound the offence alleged against him in connection with vehicle of petitioner bearing registration No.KL-53- N-2631 within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.

C. Direct the second respondent to release the vehicle of the petitioner immediately after compounding the offence.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner that an Excavator JCB belonging to the petitioner bearing registration No.KL-53-N-2631 has been seized by the 1st respondent and that the seizure is not being duly reported to the 2nd respondent and appropriate steps for release of the vehicle also cannot be taken.

4. The learned Government Pleader submits, on instructions, that the vehicle was seized on 22.01.2023 and that the records regarding the seizure were duly made available before the 2nd respondent on 24.01.2023 itself.

5. In the above view of the matter, there will be a direction that in case the petitioner approaches the 2nd respondent with a request for release of the vehicle by compounding the offence, the said request shall be considered within a period of one week from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

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